Terms & Conditions for Book Subscriptions Purchased Online

Imagined Things Bookshop

Book Subscriptions Terms & Conditions

For Tailored Book Subscriptions Purchased Online

(Please note these Ts&Cs apply only to subscriptions purchased online or by phone, please see our Ts&Cs for subscriptions purchased in store here)

Imagined Things Ltd.

Company Number: 10651826

Registered in England & Wales

Trading as Imagined Things Bookshop

At 4 Westminster Arcade,

Parliament St., Harrogate, HG1 2RN.

01423 391301

books@imaginedthings.co.uk

www.imaginedthings.co.uk

For the purposes of theses Terms & Conditions

• Imagined Things Ltd. Trading as Imagined Things Bookshop will be referred to as: “Imagined Things” or “we” or “us” or “our” or “their”.  
• The Purchaser is the person who paid for the subscription & purchased it from us. The purchaser is the person with whom the contract of sale is formed.
• The Recipient is the person who will receive the books each month. (If the subscription was bought as a gift the recipient is the receiver of the gift. If the purchaser bought it for themselves, they will also be the recipient.)
• Titles – we refer to books as books or titles interchangeably within these Terms & Conditions.
• Contacting Us – When the Terms & Conditions state that we (Imagined Things Ltd.) must be notified, informed or contacted this means we must be contacted in person in the shop during opening hours, by phone on 01423 391301 during business hours or email to books@imaginedthings.co.uk, not through social media. If you have contacted us and not received a response you must ensure that we have received your message. We cannot accept messages about subscriptions through social media, so please do not message us through those channels. When we stated that you must contact us within a certain timeframe this must be adhered to for the relevant terms & conditions to apply.

Scope of these Terms & Conditions

These terms and conditions apply to book subscriptions purchased from us online through our website or email, or by phone, and apply to subscriptions where we tailor the books to the recipient’s tastes and post a hand selected book out each month to the recipient. Book subscriptions are available to be purchased for three, six, nine or twelve months. Once we have received a completed questionnaire we will then send out the first book (see more information below about dates), and once the recipient has received their first book we will send a book each month following that until all the months of the subscription have been sent. You can purchase book subscriptions for yourself or as a gift. When they are given as a gift the contract is between us and the purchaser, not us and the recipient. Our subscription is a book selection service where we will select appropriate books for the recipient. The subscriptions can be purchased from us in the shop (different Ts & Cs apply for those bought in store) online or by phone.

Please note all timescales given in these terms & conditions are based on averages and whilst we endeavour to meet them they may be subject to change if there were to be any unforeseen or unexpected circumstances that may cause delay, or anything outside of our control such as issues with our postage services.

Please note that these terms & conditions will not apply in the event of a Force Majeure, please see further details on this at the end of these terms & conditions.

Types of Subscription

This will be stated at the time of purchase and reflected in the price. Subscriptions can differ in:

• Being either an Adults’ or Children’s Subscription
• The length of time (3, 6, 9 or 12 months)
• For Paperback or Hardback books

The type of subscription cannot be changed after purchase though you can extend the subscription if you wish.   

Book Selection

We use the answers on the questionnaire to select relevant books for the recipient. Whilst we can choose from literally millions of general titles in print this is a general book subscription and it is not designed for specific or specialist titles.

Titles not included in the subscription include:

• Titles that are out of print
• Second-hand titles (we only provide new books)
• Academic titles
• Self-Published Titles
• Titles that are Print on Demand
• Titles from small publishers when their titles are not in standard distribution through our wholesalers
• Imported titles or titles published abroad
• Titles in other languages
• Titles that are special orders through our wholesalers (these are usually print on demand titles or titles from small publishers that are not in standard distribution)
• Specialist titles on specific subjects
• Mixed Media products (such as books that come with a CD/DVD/toy)

The subscription is designed not to be prescriptive. The idea of the subscription is for our booksellers to select relevant titles based on the recipient’s questionnaire. If the recipient fills out the questionnaire stating which exact books they would like we cannot fulfil that as it is not the purpose of the subscription. Our book ordering service would therefore be applicable for customers wishing to specify which exact books they would like. For the subscription service we need to get a general idea of the recipient’s reading tastes to select relevant books, but we cannot be told which precise books the recipient wishes to receive each month as this is not the purpose of the subscription. Our subscription is a book selection service where we will select appropriate books for the recipient.

Subscription Envelope

The subscription envelope provides details of the subscription. It contains:

• Details of the book subscription (how many months it is for & if it is for paperback/hardback books, if it is for adults or children and any other relevant information)
  • Including advice to read these Terms & Conditions, the FAQs & our Privacy Policy if the recipient or purchaser wishes to. (Please again note the contract of sale, & therefore application of these terms and conditions is between us and the purchaser, not between us and the recipient.)
• Some FAQs about the subscription.
• The Questionnaire & details of how to fill it out online or on paper & send it back to us.
  • Including that we must receive the questionnaire for the subscription to start.
  • Including that we must receive the questionnaire within 6 months or we will start to send books we have selected without the aid of the questionnaire providing we have the address that they are to be sent to.

On purchase of the subscription we will either send the subscription envelope to the purchaser to use if they are the recipient or to pass on to the recipient if it is a gift, or we will take the details for the recipient and post the subscription envelope to the recipient. We will do this within five working days after purchase, excluding any times where the shop is closed. The recipient will receive their subscription envelope within ten working days of purchase if we are posting it to them. It is the responsibility of the purchaser to ensure the recipient have received their subscription either by post or by giving them it directly and inform us of any issues regarding this. If we are not posting it is the responsibility of the purchaser to pass on the subscription envelope to the recipient. We will charge for any replacement envelopes if the envelope is lost by the purchaser or if the recipient losses it following receipt of it. We can provide a digital version free of charge if requested, and we will keep a note of the subscription in store so if the subscription envelope is lost we will still have details of the subscription.

Subscription Code

On purchase of the subscription a unique code will be generated which we will require to be stated in any contact with us regarding the subscription. The code provides security so that only the purchaser or recipient may receive the subscription. It is the responsibility of the purchaser & the recipient once received to keep this safe. It will be included in the subscription envelope & given to the purchaser separately if they have asked us to post the subscription envelope. We will use this to differentiate subscriptions and it must not be divulged to anyone by the purchaser except the recipient. We cannot be responsible for codes that have been divulged or lost by the purchaser or recipient and then used by someone other than the intended recipient unless we are informed of the loss of the code. We must be contacted immediately if a code is lost or known to have been misused.

The Recipient

It is the duty of the purchaser to inform us of the recipient or pass on the subscription envelope to the recipient so they may inform us of their details. The contract of the subscription is for us to send the books to one recipient based on their reading tastes. This may not be changed to another person part way through the subscription. The purchaser may purchase the subscription for themselves and in this case they will be the purchaser and the recipient. Please see change of address & change of details below for more information.

Change of Recipient

This is not allowed. The subscription is based on one recipient receiving books for the duration of the subscription. The purchaser may decide on a different recipient after purchase we have posted the envelope to the purchaser. We will consider whoever contacts us with their questionnaire responses for the purchased subscription to be the recipient. Once we have received the questionnaire back the recipient cannot be changed.

The Purchaser

The purchaser must provide us with their contact details upon purchase of the subscription so we may contact them if necessary, regarding the subscription.

Questionnaire

To ensure we can select appropriate books for the recipient we need to receive details of their reading tastes and their interests. To do this we ask the recipient to fill out a questionnaire. This questionnaire is enclosed in the subscription envelope. We need to receive the questionnaire by the 19^th of the month for the first book to be send out around the 1^st of the next month. If it is received after the 19^th the first book may not be sent out until the around the 1^st of the month after the month after receipt of the questionnaire. (For example, if we receive your questionnaire on the 19^th of January, we will send the book out around the 1^st of February. If we receive your questionnaire on the 20^th of January we will send out the first book around the 1^st of March).

The recipient must fill out the questionnaire online following by following the link in the subscription envelope or send it to us by post or give it to us in person. If it is sent by post it is the recipient’s responsibility to keep a copy in case it is lost, and to ensure they send it through reliable means so we receive it safely. If it gets lost in the post it is the recipient’s responsibility to get the information to us by another means.  The recipient may leave their details so we can contact them upon receipt, and they may contact us to check if we have received it.

If we require more information in order to select appropriate books we may need to contact the recipient to discuss their details further. We can only do this if the recipient has provided a phone number and/or email within the questionnaire. If we require further information this may delay us sending out the first book, by up to a month, depending on how quickly we can ascertain further information. If not enough information has not been provided to adequately select books and we are unable to contact the recipient, we will send recent books that we have liked in the shop to the recipient. Please see the Book Selection section for more information on what books we can provide within this subscription. If the recipient wishes to arrange a short meeting in person at the shop or by phone to discuss their tastes further they may contact us to arrange this at a mutually convenient time.

We base all choices for the entire subscription on the initial questionnaire. If the recipient has changed what they would like to receive, they may inform us of this but it is at our discretion as to whether we can incorporate this new information into the book choices or not as significant work may have already been done to select books for the entire subscription based on the information initially provided.

If we have not received a questionnaire or contact from the recipient within 6 months, we will start to send out books automatically, and they will not be based on the recipient’s tastes as we will not have been informed of them. If they initially did not provide answers to the questionnaire but then the recipient gets in touch during the subscription to then provide responses, we will then send out books based on their responses to the questionnaire once we have received it.

If we do not have an address to send the books to for the recipient, we will start to send books to the purchaser, but will attempt to contact them to discuss this prior to sending the first book. If contact is not possible we will send them to the address the purchaser provided on purchasing. If we have no address for the purchaser or recipient we will attempt to contact them, but will not be able to send books out until an address is provided.

Rights of Cancellation

Please note the purchaser is the person with whom the legal contract of sale has been formed. The purchaser is the one who must contact us if they wish to cancel the subscription and we will provide a refund to the purchaser only.

The purchaser has a right of cancellation under Regulation 30 (6) (b) of The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 as detailed below;

30. Normal cancellation period

 (6) If the contract is a sales contract for regular delivery of goods during a defined period of more than one day, the cancellation period ends at the end of 14 days after the day on which the first of the goods come into the physical possession of—

(a)the consumer, or

(b)a person, other than the carrier, identified by the consumer to take possession of them.

After delivery of the first book the purchaser has 14days to cancel the subscription & receive a full refund.

If the purchaser wishes to cancel the subscription after the recipient has received the first book (but still within 14 days of receipt of the first book) then the book must be sent back to us at the cost of the recipient or purchaser, and be in mint condition, otherwise we will deduct the price of the book from the subscription refund. The book must therefore be sent back prior to the refund being given.

If the purchaser does not cancel the subscription within 14 days of the recipient receiving the first book it will not be possible to cancel the subscription after this time. Statutory rights still apply if any books received are damaged or defective (see below).

Damaged/Defective Books

We will deal with the purchaser or recipient with regard to damaged books. It is very unlikely you would receive a damaged book as we select and hand wrap them before sending, but if you receive a damaged or defective book from us we must be notified within 5 days of receipt of the damaged book. We would need you to send the book back to us (we will refund postage upon confirmation the book is damaged or defective once we’ve received it). We will then send out a replacement and post it within five working days of receipt of the returned book. Your statutory rights apply if a product received is damaged or defective, but we will it to be sent back so we can see that it is damaged or defective. We hand select and wrap all books so books with obvious damage will not be sent to you. We cannot accept returned books that have been damaged by the recipient.

Missing Books

We will deal with the purchaser or recipient with regard to missing books. Books are sent out near to the 1^st of the month, and you should receive yours by the 10^th of the month. If your book does not arrive, we must be notified by the 15^th of the month, & we will arrange to send out a replacement. Please see the section above on when we send the first book depending on when the questionnaire is received.

Books Already Owned

We will deal with the purchaser or recipient with regard to books already owned by the recipient. If the recipient has received a they already own they need to contact us, or get the purchaser to contact us, within 5 working days of receiving the book. If we are contacted promptly and the book is sent back at the cost of the recipient or purchaser, we will send a replacement within ten working days of receiving the book back in mint condition. We cannot be responsible for returned books that get lost in the post, books must be sent through a reliable postage service to ensure we receive the book, and the responsibility for this lies with the recipient or the purchaser who sends it. If the recipient is unhappy with the book please see below. If the recipient says that they already have the the book on more than one occasion throughout the subscription action will then be at the discretion of Imagined Things decided on a case by case basis for if we will provide an alternative book. We can discuss this with the recipient or purchaser.

Unhappy With Book

If the recipient is unhappy with a book they have received they need to contact us within 5 days of receiving the book. We select books carefully based on information given by recipients (except in cases where we have not received information, but in this case the onus was on the recipient to provide this information within 6 months). Action will then be at the discretion of Imagined Things and decided on a case by case basis, based on the reasons the recipient is unhappy with the book choice. We can discuss this with the recipient or purchaser.

Change of Address

It is the responsibility of the recipient or purchaser to notify us of any change in address promptly. We cannot be held responsible for a recipient not receiving a book when they have not notified us of a change in address in time. We must be notified before the 19^th of the preceding month if the book is to go to another address on the 1^st of the next month. Books for subscription can presently only be sent to addresses within the UK.  

Data Collected

We need to collect personal details of the purchaser in case we need to contact them if we have not received a completed questionnaire from the recipient or need to discuss the subscription they have purchased. We need to collect personal details from the recipient in order to select appropriate books for them, to contact them if necessary, to discuss their subscription and to post books out to them. We require details of an address to send the books to otherwise we will be unable to fulfil the subscription. We will process all data in accordance with our Privacy Policy & the relevant regulations.

Changes to these Terms & Conditions

We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you purchase subscriptions from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before sending out the first book (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by the recipient of the first book).

Law and jurisdiction

Contracts for the purchase of subscriptions online or by phone and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales. These terms and conditions do not affect your statutory rights as set out in UK law.

If you have any questions about these terms and conditions, please contact us prior to purchase.

Force Majeure

Events of Force Majeure

For the purpose of these terms & conditions an “Event of Force Majeure” means any circumstance not within the reasonable control of Imagined Things, but only if and to the extent that:

1. Such circumstance, despite the exercise of reasonable diligence and the observance of good practice, cannot be, or be caused to be, prevented, avoided or removed by Imagined Things.
2. Such circumstance materially and adversely affects the ability of the Imagined Things to perform its obligations under these terms & conditions, and Imagined Things have taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on their ability to perform their obligations under these terms & conditions and to mitigate the consequences thereof.

Instances of Force Majeure

Events of Force Majeure shall include, but not be limited to the following Events of Force Majeure:

• fire, chemical or radioactive contamination or ionising radiation, earthquakes, lightning, floods, droughts or such other extreme weather or environmental conditions, unanticipated geological or ground conditions, epidemic, famine, plague or other natural calamities and acts of God;
• explosion, accident or destruction of business premises;
• Acts of war (whether declared or undeclared), invasion, acts of terrorists, blockade, embargo, riot, public disorder, violent demonstrations, insurrection, rebellion, civil commotion and sabotage;
• Strikes, work stoppage, labour disputes, and such other industrial action by workers;
• Any legal prohibition on Imagined Things to carry out their work;

Effects of an Event of Force Majeure

In the Event of Force Majeure Imagined Things shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to a Force Majeure Event.

Notice of an Event of Force Majeure

Imagined Things will inform customers as soon as possible of an Event of Force Majeure providing the event has not in itself prevented this. When informing customers is possible we will inform as soon as possible following the occurrence or date of commencement of such Event of Force Majeure, notify customers of the nature and expected duration of such Event of Force Majeure and shall thereafter keep the customer informed until such time as Imagined Things is again to perform its obligations, if this is possible. Imagined Things shall use their reasonable endeavours to:

• overcome the effects of the Event of Force Majeure;
• mitigate the effect of any delay occasioned by any Event of Force Majeure;
• ensure resumption of normal performance of these terms and conditions as soon as reasonably practicable and shall perform their obligations to the maximum extent possible.

In the event of a country wide or international Event of Force Majeure such as a declaration of war Imagined Things will expect that all customers will be aware of the Event of Force Majeure.